- 1 - HC-KAR NC: 2025:KHC-D:7537 CRL.P No. 101907 of 2025 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 11TH DAY OF JUNE, 2025 BEFORE THE HON'BLE MR. JUSTICE VENKATESH NAIK T CRIMINAL PETITION NO.101907 OF 2025 (438 OF Cr.PC/482 OF BNSS) BETWEEN: YAMANAPPA S/O. HANUMAPPA TALAWAR, AGE: 50 YEARS, OCC: AGRICULTURE, R/O. BELAVALAKOPPA, TQ. BADAMI, DIST. BAGALKOTE-587115. …PETITIONER (BY SRI. K. L. PATIL & SRI. S. S. BETURMATH, ADVOCATES) AND: THE STATE OF KARNATAKA, THROUGH BADAMI P.S, REP. BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, DHARWAD BENCH-580011. …RESPONDENT (BY SRI. ABHISHEK MALIPATIL, HCGP) THIS CRIMINAL PETITION IS FILED U/S.438 OF CR.P.C. (U/SEC. 482 OF BNSS, 2023) SEEKING TO ALLOW THE CRIME PETITION AND ENLARGE PETITIONER ON ANTICIPATORY BAIL IN CONNECTION WITH BADAMI POLICE STATION NO.91/2025 REGISTERED FOR THE OFFENCES PUNISHABLE U/S.115(2), 118(1), 118(2), 351(2) AND 352 READ WITH SECTION 3(5) OF THE BHARATIYA NYAYA SANHITA (BNS), 2023 ON THE FILE OF SENIOR CIVIL JUDGE AND JMFC., BADAMI AND ETC. THIS PETITION IS COMING ON FOR ORDERS, THIS DAY ORDER WAS MADE THEREIN AS UNDER: Digitally signed by RAKESH S HARIHAR Location: High Court of Karnataka, Dharwad Bench - 2 - HC-KAR NC: 2025:KHC-D:7537 CRL.P No. 101907 of 2025 ORAL ORDER (PER: THE HON'BLE MR. JUSTICE VENKATESH NAIK T) Heard Sri S.S.Beturmath, learned counsel for the petitioner and Sri Abhishek Malipatil, learned High Court Government Pleader for respondent – State. 2. The petitioner/accused No.1 has filed this petition under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023 [Section 438 of Cr.P.C], praying to grant anticipatory bail in Crime No.91/2025 of respondent/Badami Police Station for the offences punishable under Sections 115(2), 118(1), 118(2), 351(2), 352 read with Section 3(5) of the Bharatiya Nyaya Sanhita, 2023 (for short ‘BNS, 2023’). 3. Brief facts of the prosecution case are that; On 12.04.2025, the first informant Smt. Neelamma W/o Shivanagouda Bhavi lodged complaint alleging that оп 11.04.2025 at about 5:00 p.m, while she was staying at Belavalakoppa village, at that time, one Prakashgouda - 3 - HC-KAR NC: 2025:KHC-D:7537 CRL.P No. 101907 of 2025 called her son-in-law Muttappa over phone and informed him that accused by name Yamanappa Talawar and few others had assaulted her son by name Hanamanth Bhavi and he was shifted to the hospital for treatment. Immediately, herself and her son-in-law visited the hospital and noticed that her son has sustained grievous injuries over the head, right hand and right hand fingers. On being enquiry, the injured Hanamanth stated that accused Nos.1, 2 and others assaulted him and abused him in filthy language, accused No.1-Yamanappa and accused No.2-Shashidhar assaulted with club on his head and hence, he sustained injuries. Therefore, the first informant lodged the complaint, which led to registration of FIR and the investigation. 4. Learned counsel for the petitioner vehemently contended that the petitioner is innocent, he has been falsely implicated in this case. Now the victim is already been discharged from the hospital and he is out of danger. The alleged offences are not punishable with death or - 4 - HC-KAR NC: 2025:KHC-D:7537 CRL.P No. 101907 of 2025 imprisonment for life. The petitioner is ready to abide by the conditions to be imposed by this Court. Hence, prayed for grant of bail. 5. Per contra, learned High Court Government Pleader contended that there is a prima-facie material against the accused. Accused No.1 attempted to commit the murder of victim, if he is released on bail, he may tamper the prosecution witnesses and hamper the trial. Thus, considering the nature and gravity of offence, petitioner is not entitled for bail. Hence, prayed for rejection of the petition. 6. A perusal of the material available on record, it appears that accused persons have attempted to commit the murder of victim. The record reveals that the date of offence is 11.04.2025 and the injured discharged on 12.04.2025. It shows that the injured is out of danger. As per the wound certificate, injury Nos.1 to 4 are simple in nature and injury Nos.5 and 6 are grievous in nature. Admittedly, accused No.2 is already been enlarged on bail - 5 - HC-KAR NC: 2025:KHC-D:7537 CRL.P No. 101907 of 2025 by the learned Senior Civil Judge and JMFC., Badami on 22.04.2025. The alleged offences are not punishable with death or imprisonment for life. 7. Therefore, considering the nature of allegation, circumstances in which the offence is committed, position and the status of the petitioner, likelihood of he fleeing away from justice, tampering of witnesses, character and antecedent of the accused and keeping all these factors in mind and also considering the fact that accused No.2 is already been enlarged on bail, this Court is of the opinion that the petitioner is entitled to grant bail. Accordingly, the Court proceeds to pass the following; ORDER The petition filed under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023, is allowed. The petitioner/accused No.1 is ordered to be enlarged on anticipatory bail, in the event of his arrest in Crime No.91/2025 of Badami Police Station on he - 6 - HC-KAR NC: 2025:KHC-D:7537 CRL.P No. 101907 of 2025 executing personal bond for a sum of Rs.2,00,000/- with one surety for the like sum to the satisfaction of Investigating Officer/S.H.O of respondent/police, subject to the following conditions: i) The petitioner shall surrender himself before the S.H.O/I.O within a period of 15 days from today; ii) The petitioner shall mark his attendance before the I.O/S.H.O on first Sunday of every month in between 10:00 a.m. and 05:00 p.m. for a period of six months or till filing of the final report, whichever is earlier; iii) The petitioner shall not tamper the prosecution witnesses and shall not threaten the witnesses; iv) The petitioner shall appear before the jurisdictional Court regularly; v) The petitioner shall not involve in any similar offences. Sd/- (VENKATESH NAIK T) JUDGE AM /CT-AN.